CO129-017 - Sir John Davis - 1846 [7-12] — Page 170

mode of proceeding imports increased efficacy to the law. But in order to

in order to justify

the resort to it, the limits of

this summary power

distimetly defined,

should

he

very

and should in

Mo

AD

direction exceed the necessites

rator

pected

the case.

of the

On referring to the pre-

Low, which you have

transmitted to me,

Edo not

think that it satisfies these conditions. If any one Magishal shall think that in any

case cognizable in

England

by a bout of General

ends of

Quarter Sessions, the justure

of the case would be satisfed Tattorges

at Hong Kong by one years imprisonment with, or without hard labour, or

*

with

135

Solitary confinement not

exceeding

one month at a

timme, or three mouths

year, then, he and angother

Justice

associated

with bein

may try the case, and inflect within those limits, whatever

penalties they mang

thank

fit. Now I cannot acknow -ledge that necessity justifies that the reason of the

case requires so, extensive summary jurisdiction as

this. In ouch a Climate

that of Hong Kong,

m

a

aprisonment for 12 months must be a punishment qestions severity, expeccielly when inflicted on Europeans,

and solitude for 3 months

in

а

year

co' a

a privation